Bottos Construction, Inc. (Board decision, April 15, 2020)

Plain-English summary

EPA Region 3's Presiding Officer issued an Initial Decision and Default Order in the proceeding against Bottos Construction, Inc. No appeal was filed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The Initial Decision and Default Order therefore became a final order on April 7, 2020. This order does not state the underlying allegations, liability findings, or any penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the Initial Decision and Default Order became final on April 7, 2020.
• Key point: When no party appeals and the EAB declines sua sponte review, an Initial Decision and Default Order becomes final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                                    F I L E D
                                                                                              Apr 15 2020
                                                                                   Clerk, Environmental Appeals Board
                                                          INITIALS ________________________
                       ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                                )
In re:                                          )
                                                )   TSCA Appeal No. 20-(01)
Bottos Construction, Inc.                       )
                                                )
TSCA-03-2019-0058
                                                )
                                                )


                ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On March 3, 2020, U.S. EPA Region 3’s Presiding Officer, Joseph J. Lisa, issued an

Initial Decision and Default Order. No appeal has been filed and the Environmental Appeals

Board is declining to review the case on its own initiative. See 40 C.F.R. §§ 22.27(c)(4),

22.30(b). Accordingly, the Initial Decision and Default Order will become a final order on

April 7, 2020, pursuant to 40 C.F.R. § 22.27(c).

         So ordered. 1


                                                    ENVIRONMENTAL APPEALS BOARD

Dated: ____
Apr 15 2020 By: ______
Mary Kay Lynch
Environmental Appeals Judge

1
The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein. CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in

the matter of Bottos Construction, Inc., Docket No. TSCA-03-2019-0058, were sent to the following persons in the manner indicated.

By Email:

Constantinos Bottos Jennifer Abramson Dino Bottos Senior Assistant Regional Counsel Bottos Construction, Inc. U.S. Environmental Protection Agency 1005 Sussex Boulevard Region 3 MC (3RC30) Broomall, PA 19008 1650 Arch Street [email protected] Philadelphia, PA 19103-2029
[email protected]
Robert S. Clewell
Clewell Law Firm Joseph J. Lisa 1617 JFK Boulevard Regional Judicial and Presiding Officer Philadelphia, PA 19103 U.S. Environmental Protection Agency [email protected] Region 3 MC (3RC00)
1650 Arch Street
Philadelphia, PA 19103-2029
[email protected]

                                               Bevin Esposito
                                               Regional Hearing Clerk
                                               U.S. Environmental Protection Agency
                                               Region 3 MC (3RC00)
                                               1650 Arch Street
                                               Philadelphia, PA 19103-2029
                                               [email protected]

Dated: ____
Apr 15 2020 ______
Eurika Durr
Clerk of the Board